Citation Nr: 21008099 Decision Date: 02/11/21 Archive Date: 02/11/21 DOCKET NO. 12-13 374 DATE: February 11, 2021 REMANDED Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1974 to August 1977. The Board of Veterans’ Appeals (Board) remanded this matter in September 2017 for further evidentiary development. The case has been returned to the Board for appellate review. The record reflects that a 2020 hearing was scheduled for the Veteran. This was apparently in response to a 2013 hearing request from another claim, that was ultimately determined to have been withdrawn. A hearing on this matter has never been specifically requested. The Veteran was scheduled, and rescheduled at his request. A report in the file indicates he was then removed from the hearing schedule. There has been no subsequent request for a hearing, and at this point, the Board views the request as having been withdrawn. If he desires a Board hearing, he should so indicate if this matter remains denied and subsequently returned to the Board after the development undertaken herein.   Entitlement to a TDIU is remanded. Although the Board regrets the additional delay, a remand is again necessary to ensure that due process is followed and there is a complete record upon which to decide the claim so that the Veteran is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c). The Veteran is seeking entitlement to a TDIU. The September 2017 Board remand noted that TDIU was raised because the March 2014 VA examiner concluded that the Veteran’s TBI impacted his ability to work. The Board remanded the matter for the Agency of Original Jurisdiction (AOJ) to gather the requisite information from the Veteran. Pursuant to the September 2017 Board remand, the AOJ provided the Veteran with the requisite forms in September 2017. In October 2017, the Veteran submitted the Veteran’s Application for Increased Compensation on Unemployability form. On the form, the Veteran listed osteoarthritis as the service-connected disability that prevents him from working. He listed that he last worked full-time in May 2008 and that he became too disabled to work in 2013. The Veteran did not provide names and addresses of employers for the last five years, as requested on the form, because the Veteran contends that he has not worked since 2008. The Board notes that the Veteran is not service connected for osteoarthritis. However, he has been assigned a permanent and total nonservice-connected pension for osteoarthritis and rhinitis since August 30, 2011. The Veteran is service connected for TBI, headaches, tinnitus, and a lower lip scar. His combined evaluation for compensation is 70 percent from October 26, 2012. While the Veteran has been found likely unable to maintain and obtain gainful employment due to nonservice-connected disabilities, the evidence of record is insufficient to determine what effect the Veteran’s service-connected disabilities have on his employability. Specifically with regard to the March 2014 VA examiner’s indication that his TBI affects his ability to work. Thus, further development is required to determine whether the Veteran’s service-connected disabilities rendered him unable to work, to aid the Board in making an informed decision, and ensure that the claim is afforded every consideration. 38 U.S.C. § 5103A. Accordingly, a remand for a VA examination and/or opinion should be obtained to address the appeal for a TDIU. The matter is REMANDED for the following action: 1. Contact the Veteran and request that he complete and return an Application for Increased Compensation Based on Unemployability and include information regarding his prior employment and current employment status. The Veteran is hereby informed that failure to provide the requested information may negatively impact his claim. 2. The AOJ should obtain a VA examination(s) and opinion(s) to address the collective impact of all of the Veteran's service-connected disabilities on his employability. This opinion(s) should be specific as to the Veteran's occupational history and the ability to perform sedentary employment. The opinion(s) must be based upon a claims file review and must be supported by a rationale. MICHAEL D. LYON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Frazier, Associate Attorney The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.